QUESTION: I have never been to the United States but am concerned that I might require a waiver to enter the U.S. When I was 18, I was charged and convicted of Uttering Threats (indictable) to destroy real property of the RCMP. I was sentenced to 2 years probation. It was a case of not thinking before I spoke. It is the only conviction that I have ever had, and have not been in trouble since. I am 40 years old now. I really want to travel to the U.S. to visit some friends, but I am truly afraid to cross the border. I have heard stories about people getting in a lot of trouble. Do I need a U.S. entry waiver? Any help with this would be greatly appreciated.
REPLY: Thank you for your message. I am sorry to hear that you are afraid to cross the border. While I cannot provide you with case-specific information without first reviewing your case in detail, I can provide you with some general information that might be useful.
Under the Immigration and Nationality Act (“INA”) § 212(a)(2)(A)(i), any foreign national convicted of a crime involving moral turpitude is inadmissible to the U.S. and will require a waiver to enter. The term “moral turpitude” generally refers to conduct that is inherently base, vile, or depraved and contrary to the accepted rules of morality and duties owed between persons, or the duties owed to society in general. A crime of moral turpitude (“CIMT”) has been defined as an illegal act that is, in itself, morally reprehensible and intrinsically wrong as opposed to an act that is wrong simply because it is prohibited by law.
The test to determine whether a particular crime involves moral turpitude is